AGENTS ACCUSED OF GIVING LEWD SHOW AT CIRCUS

Scuffle ensues after pair at performance accused of lewd conduct

del mar 
Two Border Patrol agents were arrested on misdemeanor charges following a dispute at a Cirque du Soleil performance in Del Mar in which fellow audience members accused the pair of lewd conduct.

Kallie Helwig, 24, was arrested on suspicion of battery against a female audience member who alleged sexual misconduct by the pair. Gerald Torello Jr., 35, was cited on suspicion of public drunkenness. Both are four-year veterans of the Border Patrol.

Helwig’s attorney said Wednesday that no sexual contact occurred between the agents.

“It didn’t happen,” attorney Knut Johnson said.

The pair was off duty when they attended the acrobatic show “Totem” at the Del Mar Fairgrounds on May 27.

According to sheriff’s officials, several witnesses reported seeing what appeared to be inappropriate touching, with Helwig’s head in Torello’s lap, while sitting in the stands.

When audience members asked them to stop, they allegedly refused, said Encinitas sheriff’s Lt. Kenn Nelson. A security guard was then called over, and the pair stopped, he said.

One of the witnesses later told deputies that after the show, the agents appeared to be waiting for her at the exit. The woman and Helwig began to argue, and Helwig allegedly attacked the woman, Nelson said.

The witness suffered minor facial and head injuries.

Deputies responded to the tent after someone called 911.

Helwig was placed under citizen’s arrest by the woman and taken to the Encinitas sheriff’s station, along with Torello.

Both were held for a few hours before being cited and released. The District Attorney’s Office is reviewing the case to determine if charges will be filed.

Helwig’s attorney reiterated that she was not arrested or charged with lewd conduct and described the media attention of the incident as “unfair.”

“There was no sex,” Johnson said.

He added that Helwig’s mother and another friend were also at the performance and seated in a nearby area.

Torello could not be reached for comment.

Nelson said the agents weren’t arrested on lewd conduct charges because none of the witnesses could say for certain that they saw sexual contact.

“These agents, even though they are members of a law-enforcement agency, were treated exactly as we would treat any other citizen. There was no preferential treatment,” Nelson said.

Customs and Border Protection officials said all employees are “expected to conduct themselves in a professional manner while on or off duty.”

Helwig and Torello have been reassigned to administrative duties at the Border Patrol while the case is investigated, according to a statement from the agency.